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STAFF REPORT <br />DATE: February 20, 2024 <br /> CONSENT <br /> <br /> <br />TO: Mayor and City Council <br />FROM: Jenni Faulkner Consulting City Planner <br />AGENDA ITEM: Ebertz Addition Development Agreement- First Amendment <br />REVIEWED BY: Jason Stopa, Community Development Director <br /> Sarah Sonsalla, City Attorney <br /> <br /> <br /> <br />BACKGROUND: <br /> <br />On May 16, 2023, the City Council adopted Resolution 2023-046 approving the Development <br />Agreement for the Ebertz Addition (Drake Motor Partners). The agreement was recorded on July <br />6, 2023, and subsequent permits have been issued for the Tesla facility. The Developers <br />Agreement requires that all public improvements be installed and accepted by the City prior to <br />issuance of a Certificate of Occupancy for the Tesla building. The building items are nearing <br />completion, and it is the developer’s intention to have the building items completed and sign-off <br />from the Building Official in mid-March for occupancy. However, the outstanding public <br />improvements include a trail and required landscaping as well as submittal of as-builts and review <br />and acceptance by the City Engineer. <br />The developer has asked for a 180-day temporary Certificate of Occupancy to allow occupancy of <br />the Tesla building prior to completion and city acceptance of the public improvements. It is their <br />intention to install the trail and landscaping first thing in the spring and then to immediately submit <br />the as-builts to engineering for review and acceptance. <br />ISSUE BEFORE COUNCIL: <br /> <br />The City Council is being asked to adopt Resolution 2024-023 approving the First Amendment to <br />the Development Agreement for Ebertz Addition. <br /> <br />REVIEW/ANALYSIS: <br /> <br />The only item changing in the agreement is Section 23 Building Permits/Certificates of <br />Occupancy. A sentence is being added to Item C noting that the City will issue a temporary <br />certificate of occupancy for 180-days and that all public improvements will need to be installed <br />and accepted by the city within that timeframe. <br />There are no outstanding issues.